Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
98-0038
|
Demont v. Defrantz
Defendant may have known that defamatory statements would injure plaintiff in his state of residence. |
Civil Procedure |
|
Sep. 20, 1999 | |
B130010
|
Chahal v. Superior Court (Greyhound Lines Inc.)
Legal certainty that claim doesn't meet superior court's amount-in-controversy jurisdiction is required before action can be transferred to municipal court. |
Civil Procedure |
|
Sep. 13, 1999 | |
C025718
|
Reed v. Wilson
Despite defendants' offer to compromise being rejected, they weren't entitled to offset costs with excess portion of remaining settlement. |
Civil Procedure |
|
Sep. 13, 1999 | |
97-55642 and 97-55650
|
In re Real Property Known as 22249 Dolorosa Street
Claimants who successfully defend against even part of forfeiture action are prevailing parties and entitled to attorney fees. |
Civil Procedure |
|
Sep. 8, 1999 | |
98-4369
|
Project Sentinel v. Evergreen Ridge Apartments
Organization's abstract social interests, and it expending funds on litigation to further its interests, doesn't create standing. |
Civil Procedure |
|
Sep. 8, 1999 | |
B125285, B125298, B130137, and B130146
|
McKelvey v. Boeing North American Inc.
Claims are time-barred when plaintiffs admit publicity surrounding defendants' conduct and don't allege facts showing why they didn't make earlier discovery. |
Civil Procedure |
|
Sep. 7, 1999 | |
A083685
|
Grell v. Laci Le Beau Corp.
Suspension of corporate status doesn't toll statute of limitations against now-revived corporation. |
Civil Procedure |
|
Sep. 7, 1999 | |
E023264
|
Nebel v. Sulak
Judgment debtor examinations are public judicial proceedings and may be observed by disinterested third parties. |
Civil Procedure |
|
Sep. 7, 1999 | |
E020212 and E020569
|
Gordon's Cabinet Shop v. State Compensation Insurance Fund
In coordination proceedings, the five-year statute of limitations is not tolled unless a stay is granted. |
Civil Procedure |
|
Sep. 6, 1999 | |
F030743
|
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment. |
Civil Procedure |
|
Sep. 6, 1999 | |
S071633
|
Norgart v. The Upjohn Co.
After suicide, statute of limitations for wrongful death action against prescription drug manufacturer begins running from date patient kills herself. |
Civil Procedure |
|
Sep. 6, 1999 | |
F030743
|
Barnes v. Dept. of Corrections
Sanctions cannot be granted for improper filing or advocating of complaint when motion for sanctions not made until after entry of judgment. |
Civil Procedure |
|
Sep. 6, 1999 | |
98-15131
|
Weissman v. Quail Lodge Inc.
Attorney isn't subject to sanctions as vexatious litigant for conduct done in the course of representing a client. |
Civil Procedure |
|
Sep. 3, 1999 | |
B108013
|
Datig v. Dove Books Inc.
Entry of judgment must be reversed where it's based on ex parte order obtained without notice or excuse for lack of notice. |
Civil Procedure |
|
Sep. 2, 1999 | |
B118103
|
Division of Labor Standards Enforcement v. Rhee
Prevailing party in action brought by Division of Labor Standards Enforcement may be awarded costs, despite statute prohibiting such cost awards. |
Civil Procedure |
|
Sep. 2, 1999 | |
A084404
|
Bradley v. Breen
Statute of limitations bars cross-complaint for equitable indemnity against decedent's estate even though cause of action had not accrued at decedent's death. |
Civil Procedure |
|
Sep. 2, 1999 | |
C029199
|
Reese v. Wal-Mart Stores Inc.
Refusal to certify class of male shoppers harmed by 'Ladies Day' discounts was proper after determination that substantial benefits wouldn't accrue. |
Civil Procedure |
|
Sep. 2, 1999 | |
B122440
|
Bagley v. TRW Inc.
Summary judgment motion denied by one judge and later transferred to another judge is still valid where no new facts are presented. |
Civil Procedure |
|
Sep. 2, 1999 | |
E020188 and E021079
|
Main Fiber Products Inc. v. Morgan & Franz Insurance Agency
Opposition to good-faith settlement agreement isn't proper when it is appealed from a final judgment. |
Civil Procedure |
|
Sep. 2, 1999 | |
G020633
|
Glendale Federal Bank v. Hadden
Landlord's refusal to allow bank to cure forfeited lease is proper where bank isn't indispensable party and has no interest in lease once terminated. |
Civil Procedure |
|
Sep. 2, 1999 | |
A086253
|
County of Orange v. Superior Court (Barrie)
After plaintiff was arrested in one county and transported to another, venue for suit against second county is improper in first county. |
Civil Procedure |
|
Sep. 2, 1999 | |
G020962
|
Marriage of Reese
Notice of motion for sanctions under one code section doesn't permit the court to impose sanctions under different section. |
Civil Procedure |
|
Sep. 2, 1999 | |
E022025
|
McCutchen v. City of Montclair
Collateral estoppel doesn't bar relitigation of probable cause for arrest if preliminary hearing included evidence unavailable at time of arrest |
Civil Procedure |
|
Sep. 1, 1999 | |
98-0478
|
Wayne Cook Enterprises Inc. v. Fain Properties Limited Partnership
Dismissal of action for untimely disclosure is warranted only where party, as opposed to party's attorney, bears some blame. |
Civil Procedure |
|
Aug. 11, 1999 | |
98-55142
|
U.S. v. One 1997 Mercedes, E420
The 60-day period for the government to file a civil forfeiture action applies to claim alleging laundering of drug money. |
Civil Procedure |
|
Aug. 6, 1999 | |
F023081
|
Bank of America National Trust & Savings Assn. v. Yurosek
'This motion is dropped' means court deletes it from calendar and not dismissal with prejudice. |
Civil Procedure |
|
Aug. 5, 1999 | |
A073467
|
Wilson v. Safeway Stores Inc.
Fees and costs are included in determining if tort judgment is greater than settlement offer. |
Civil Procedure |
|
Aug. 5, 1999 | |
C021900
|
Huens v. Tatum
Relief from dismissal provision does not apply after voluntary dismissal pursuant to settlement agreement. |
Civil Procedure |
|
Aug. 5, 1999 | |
S057813
|
Davis v. K G O T.V., Inc.
Recovery of expert witness fees is not authorized as element of costs. |
Civil Procedure |
|
Aug. 5, 1999 | |
A073818
|
Gonzales v. ABC Happy Realty Inc.
Statute permitting costs against party for unreasonable action also applies to unsuccessful, but not frivolous, appeal. |
Civil Procedure |
|
Aug. 5, 1999 |